Constitutional & Administrative Law: Upholding Fair Governance

The Constitution of Kenya, 2010, is the supreme law, guaranteeing fundamental rights and setting the standards for governance. Our Constitutional and Administrative Law practice focuses on protecting individual rights and challenging arbitrary, illegal, or unfair actions by public bodies through rigorous litigation.

 

Key Aspects of Our Public Law Practice:

 

We specialize in enforcing the standards of lawfulness, fairness, and reasonableness enshrined in Kenyan law:

  • Judicial Review Proceedings: We utilize Judicial Review (JR) as the primary tool to challenge decisions made by government agencies, tribunals, and public officers. Our focus is on demonstrating grounds such as illegality (acting outside legal powers), irrationality (unreasonableness), and procedural impropriety (failure to grant a fair hearing).
  • Constitutional Petitions: We initiate Petitions in the High Court to seek redress for the actual or threatened violation of fundamental rights and freedoms guaranteed under the Constitution, including the right to property, the right to dignity, and the right to fair hearing.
  • Fair Administrative Action Act (FAAA) Compliance: We hold public administrators accountable to the high standards set by Article 47 of the Constitution and the Fair Administrative Action Act, 2015. This includes demanding written reasons for adverse actions and ensuring the right to be heard.
  • Electoral and Political Disputes: Our team, leveraging experience in high-stakes public law, handles sensitive disputes such as election petitions and challenges to decisions made by constitutional commissions.

 

Our Value Proposition: Strategic Public Litigation

 

Commitment Our Approach
Rights Enforcement We leverage the transformative power of the 2010 Constitution to secure fundamental rights against overreach by both public and, increasingly, private bodies.
Merit-Based Review We frame constitutional cases to allow the court to delve into the substantive merits of the administrative action, going beyond the traditional procedural focus of common law JR.
Accountability We compel transparency and lawful conduct from State Organs, ensuring that even in complex areas like licensing or procurement, due process is strictly followed.

 

Need Help? Common Constitutional & Administrative Inquiries

 

  • What is the difference between a Constitutional Petition and Judicial Review?
    • Ans: A Petition seeks to enforce a constitutional right (e.g., freedom from discrimination). Judicial Review seeks specific remedies (like an order to quash a decision or compel an action) based on how a public body made a decision.
  • Can I challenge a decision that revoked my license?
    • Ans: Yes. We can challenge the revocation under the FAAA, arguing that the public body acted unlawfully, failed to give adequate notice, or denied you the right to a fair hearing.
  • How quickly must I file a Judicial Review case?
    • Ans: Judicial Review applications must be filed promptly and typically within six months of the date of the adverse decision you intend to challenge. Timeliness is critical in public law matters.
  • Do you advise public bodies on compliance?
    • Ans: Yes, in our Legal Consultancy capacity, we advise public entities on internalizing constitutional principles and FAAA requirements to minimize litigation exposure.
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